Transmission class action lawsuit
04-13-2011, 07:10 PM
#241
Nations 1st 6th Gen Turbo
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I think the transmission will be the primary target not necessarily the 6th Gen Maxima. If the suit wins it would be a no brainer that any Altima owner with the same tranny would have an easy case.
04-13-2011, 10:39 PM
#242
Senior Member
Join Date: May 2010
Posts: 1,625
I see a lot of new members posting in this thread that seem to have no idea there is a thread (STICKY) on possible fixes. Maybe I should lock this until someone contacts me about actual progress.
Please read this before continuing to stray off topic:
http://forums.maxima.org/6th-generat...ssion-fix.html
or here
http://forums.maxima.org/7400151-post3.html
Please read this before continuing to stray off topic:
http://forums.maxima.org/6th-generat...ssion-fix.html
or here
http://forums.maxima.org/7400151-post3.html
lawsuits take time man, lots of time. please don't lock this thread as it concerns all of us, including you. just because new members are overlooking the stickies, like you probably did the first time you became a member of a forum, locking it will affect all of us. a lot of us don't want to pay or get our hands dirty to apply these "fixes" because nissan dropped the ball. it should be taken care of by the ones responsible. not us. if the ball gets rolling on this we will all save some money in the event. suits like this happen all the time and to save money in restitution, car companies agree to do recalls, broken trans or not. this best case scenario is still possible till the judge gives his order.
04-14-2011, 01:07 PM
#243
Junior Member
Join Date: Jan 2011
Posts: 54
lawsuits take time man, lots of time. please don't lock this thread as it concerns all of us, including you. just because new members are overlooking the stickies, like you probably did the first time you became a member of a forum, locking it will affect all of us. a lot of us don't want to pay or get our hands dirty to apply these "fixes" because nissan dropped the ball. it should be taken care of by the ones responsible. not us. if the ball gets rolling on this we will all save some money in the event. suits like this happen all the time and to save money in restitution, car companies agree to do recalls, broken trans or not. this best case scenario is still possible till the judge gives his order.
Now days most are struggling to make ends meet and needless to say do not have the money nor credit card for the fix.
04-14-2011, 03:52 PM
#245
Nations 1st 6th Gen Turbo
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The good news is the lawsuit alone without a day in court could just force Nissan to fix the real problem and cover repair costs. Not everyone has the time and money to fix it and even though there are other fixes available, it will never fix the damage it cost when or if it spreads to the main area of the transmission and damages the gears.
04-16-2011, 11:10 AM
#246
Banned
Join Date: Feb 2005
Posts: 4,269
I dont know anything about this planned suit but take a look at this decade old saga involving a class action lawsuit for the 1996-1999 Ford Taurus SHO regarding its flawed cam shaft issue leading to total engine failure:
http://www.v8sho.com/SHO/Lawsuit%20U...%20Edition.htm
If you dont feel like reading, the moral of the story is when you kick the big dog it bares its teeth. Try as you may, Nissan and Ford are protected by an explicitly stated warrenty as well as a huge team of lawyers. The really bad part is that by the time a decision is made on the case, if there even is one, 90% of the plaintiffs will have long moved on by that time...I think this case is pretty relevent if you are trying to prove Nissan liable outside their warrenty for a handful of owners who have this issue. One thing that immediately comes to mind is changing the fluid, which if any of you had done, especially without nissan fluid at a nissan dealer, you're probobly out, and im not even a lawyer..
http://www.v8sho.com/SHO/Lawsuit%20U...%20Edition.htm
If you dont feel like reading, the moral of the story is when you kick the big dog it bares its teeth. Try as you may, Nissan and Ford are protected by an explicitly stated warrenty as well as a huge team of lawyers. The really bad part is that by the time a decision is made on the case, if there even is one, 90% of the plaintiffs will have long moved on by that time...I think this case is pretty relevent if you are trying to prove Nissan liable outside their warrenty for a handful of owners who have this issue. One thing that immediately comes to mind is changing the fluid, which if any of you had done, especially without nissan fluid at a nissan dealer, you're probobly out, and im not even a lawyer..
Last edited by 04BlackMaxx; 04-16-2011 at 11:16 AM.
04-16-2011, 11:54 AM
#247
Nations 1st 6th Gen Turbo
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I dont know anything about this planned suit but take a look at this decade old saga involving a class action lawsuit for the 1996-1999 Ford Taurus SHO regarding its flawed cam shaft issue leading to total engine failure:
http://www.v8sho.com/SHO/Lawsuit%20U...%20Edition.htm
If you dont feel like reading, the moral of the story is when you kick the big dog it bares its teeth. Try as you may, Nissan and Ford are protected by an explicitly stated warrenty as well as a huge team of lawyers. The really bad part is that by the time a decision is made on the case, if there even is one, 90% of the plaintiffs will have long moved on by that time...I think this case is pretty relevent if you are trying to prove Nissan liable outside their warrenty for a handful of owners who have this issue. One thing that immediately comes to mind is changing the fluid, which if any of you had done, especially without nissan fluid at a nissan dealer, you're probobly out, and im not even a lawyer..
http://www.v8sho.com/SHO/Lawsuit%20U...%20Edition.htm
If you dont feel like reading, the moral of the story is when you kick the big dog it bares its teeth. Try as you may, Nissan and Ford are protected by an explicitly stated warrenty as well as a huge team of lawyers. The really bad part is that by the time a decision is made on the case, if there even is one, 90% of the plaintiffs will have long moved on by that time...I think this case is pretty relevent if you are trying to prove Nissan liable outside their warrenty for a handful of owners who have this issue. One thing that immediately comes to mind is changing the fluid, which if any of you had done, especially without nissan fluid at a nissan dealer, you're probobly out, and im not even a lawyer..
I'd rather try to help then sit back and do nothing and take it, too many problems nation wide with the tranny to ignore. Not looking for money but a fix to an engineering flaw Nissan created, not the drivers who purchased the cars in good faith. Fix the Problem, Not the Blame!
Problems do NOT get solved by doing Nothing, Nissan just needs a little push! This is moving forward!
04-16-2011, 12:18 PM
#248
Senior Member
Join Date: May 2010
Posts: 1,625
I'd rather try to help then sit back and do nothing and take it, too many problems nation wide with the tranny to ignore. Not looking for money but a fix to an engineering flaw Nissan created, not the drivers who purchased the cars in good faith. Fix the Problem, Not the Blame!
Problems do NOT get solved by doing Nothing, Nissan just needs a little push! This is moving forward!
Problems do NOT get solved by doing Nothing, Nissan just needs a little push! This is moving forward!
Respecting you more and more. Its bone heads like the post above who b!tch and complain but do nothing. the moral of the story with everything, including politics. you people are TOTALLY USELESS!!! I just want to say thanks Chern while your successful or not, your pullin up your drawers and getting **** done. Whether your successful or not a lawsuits help keep checks on car companies from screwing the pooch in other models. so either way you look at it you will be winning.
And black max, what the HELL do you know about changing the fluid and using that stipulation as terms for disqualification. your right about something, your NOT an attorney. unless it says in your owners Manuel to NOT change the fluid, ..... you know what your not worth my time.
Again, thanks Chern, We all owe you one.
04-17-2011, 09:33 AM
#251
Newbie - Just Registered
Join Date: Apr 2011
Posts: 6
Thanks, I just put a deposit down on a 2004 Maxima SE, with all the bells and whistles. Fell in love with the car since it was garage kept and only has 57,000 miles by the original owner. Funny thing, the owner of the dealership mentioned the 07 CVT transmission problem, but never mentioned the issues I have read on this forum. I am printing the results from the NHTSA site to get my deposit back. Man, am I disappointed!!!
Just to verify, do you think it is wise to move forward with the purchase as long as I purchase an extended warranty? Was thinking of a third party Ext Warranty.
Sorry if this is posted in the wrong thread, tried to create a new thread, was denied.
Just to verify, do you think it is wise to move forward with the purchase as long as I purchase an extended warranty? Was thinking of a third party Ext Warranty.
Sorry if this is posted in the wrong thread, tried to create a new thread, was denied.
Last edited by EasyRider; 04-17-2011 at 09:27 PM.
04-17-2011, 09:37 AM
#252
Banned
Join Date: Feb 2005
Posts: 4,269
I would advise checking out the SHO lawsuit and take it for what its worth, a similar incident involving a group of owners online challenging a big auto manufacturer. Im not saying to drop everything or trying to be a ****, just something that came to mind, thats all.
04-17-2011, 11:29 AM
#253
Senior Member
Join Date: May 2010
Posts: 1,625
to answer your question. YES, the Maxima is worth getting. This transmission problem does not happen to everyone. Especially if you get an extended warranty (which is always smart, not only for when something goes wrong, but its worth more then that knowing you are safe) you shouldn't worry. by the time your ex. warranty is up you will have put in enough miles to notice if the transmission is going to act up. You will also probably be eying a new car by then.
my car hit 100,000 couple months ago, going strong, and I do not have a problem, yet.
04-17-2011, 11:41 AM
#254
Senior Member
Join Date: May 2010
Posts: 1,625
I would advise checking out the SHO lawsuit and take it for what its worth, a similar incident involving a group of owners online challenging a big auto manufacturer. Im not saying to drop everything or trying to be a ****, just something that came to mind, thats all.
Not only does doing nothing allow entities to continue screwing good honest people, what most likely happened is the ford company found a loop hole and got lucky on a VERY VERY rare car compared to the Maxima. In all Ford got LUCKY. Law is Law, just because you have some money doesn't mean the law doesn't apply to you. if the attorneys chern contacted find a stipulation that wasn't upheld by Nissan, it doesn't matter if Nissan has enough money to buy everyone in the world a GT-R.
You have this MOB mentality that works in the wild like your BIG dog analogy. Real life and law is more delicate. When someone is caught in the wrong they are **** out of luck money or no money.
If a stupid lady from McDonald can sue for having a hot cup of coffee, or a bugler can sue after tripping down the homeowners stairs successfully, it just goes to show you the power of exploiting an avenue of law. its not about who has the best attorney or how many. If you kicked me in public (and there's a law against assault), and had 1,000,000,000 lawyers at your hand, i could get a grad student from some law school who just passes the bar and win some restitution from you and slap a misdemeanor on your record.
Go ahead, sit here and give us ONE example of a failed car company case. If i felt like putting in the effort, i'd give you a few HUNDRED cases JUST like ours that turned out successful.
Last edited by twentyeggs; 04-17-2011 at 11:46 AM.
04-17-2011, 03:56 PM
#255
Nations 1st 6th Gen Turbo
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I would advise checking out the SHO lawsuit and take it for what its worth, a similar incident involving a group of owners online challenging a big auto manufacturer. Im not saying to drop everything or trying to be a ****, just something that came to mind, thats all.
04-17-2011, 04:43 PM
#256
Senior Member
Join Date: Nov 2010
Posts: 361
Good work by chern and he's setting up one good example for others.
If anyone think this case will not fly then the best thing for you is to just stay quiet. If anyone think they don't have any issues with their maxima (yet) then better book mark this thread because it won't take long for you to join the party.
If anyone think this case will not fly then the best thing for you is to just stay quiet. If anyone think they don't have any issues with their maxima (yet) then better book mark this thread because it won't take long for you to join the party.
04-17-2011, 05:53 PM
#257
Newbie - Just Registered
Join Date: Apr 2011
Posts: 6
we have enough threads concerning problems with the Maxima. We don't like threads like this, but its inevitable. your question falls into this category as a side conversation, and there is no need to begin a new thread that will only survive a handful of responses.
to answer your question. YES, the Maxima is worth getting. This transmission problem does not happen to everyone. Especially if you get an extended warranty (which is always smart, not only for when something goes wrong, but its worth more then that knowing you are safe) you shouldn't worry. by the time your ex. warranty is up you will have put in enough miles to notice if the transmission is going to act up. You will also probably be eying a new car by then.
my car hit 100,000 couple months ago, going strong, and I do not have a problem, yet.
to answer your question. YES, the Maxima is worth getting. This transmission problem does not happen to everyone. Especially if you get an extended warranty (which is always smart, not only for when something goes wrong, but its worth more then that knowing you are safe) you shouldn't worry. by the time your ex. warranty is up you will have put in enough miles to notice if the transmission is going to act up. You will also probably be eying a new car by then.
my car hit 100,000 couple months ago, going strong, and I do not have a problem, yet.
04-18-2011, 03:57 PM
#258
Junior Member
Join Date: Aug 2010
Posts: 74
hey at least maximum pearl has an example of an amazing maxima. yeah i have the hard shifts and sometimes ridiculously high reving coming out of a turn...but i still love my car, and even though the gussets rattle, the struts squeak, and the tranny sneezes (a lot) i still dont blame her for idiots putting her together wrong. all im gonna do is fix my problems not complain about them, because when i pull up to a crowd of people who havent seen my car they compliment it no matter what, and i always seem to enjoy feeling all those horses gallop. if you hate a car for an issue as i have seen quite a few people say about the transmission then you really have no room to hate or love a car in the first place. i want to get this problem fixed, so dont be discouraged about the lawsuit and let me know of what I (and other maxima drivers who care) can do to fix it.
04-18-2011, 06:36 PM
#259
Nations 1st 6th Gen Turbo
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hey at least maximum pearl has an example of an amazing maxima. yeah i have the hard shifts and sometimes ridiculously high reving coming out of a turn...but i still love my car, and even though the gussets rattle, the struts squeak, and the tranny sneezes (a lot) i still dont blame her for idiots putting her together wrong. all im gonna do is fix my problems not complain about them, because when i pull up to a crowd of people who havent seen my car they compliment it no matter what, and i always seem to enjoy feeling all those horses gallop. if you hate a car for an issue as i have seen quite a few people say about the transmission then you really have no room to hate or love a car in the first place. i want to get this problem fixed, so dont be discouraged about the lawsuit and let me know of what I (and other maxima drivers who care) can do to fix it.
7+ years with my Maxima (purchased new Aug 2003!) , 12 years in Japan with other Nissan rides, and I've fixed a ton of ****. $3500-5000 a pop for tranny repairs is crossing the line on something that is not an assembly flaw but a design flaw. And for the record, I LOVE MY MAX TOO!
Last edited by chernmax; 04-18-2011 at 06:38 PM.
04-20-2011, 07:18 AM
#261
Newbie - Just Registered
Join Date: Apr 2011
Posts: 6
Update, well I secured the loan and bought an extended warranty 4 years or 48,000 miles. So with the car at over 57,000 this would put me over 105,000. I pick the car up on Monday. Wondering if this would be within the range of miles for the tranny issues to develop?
04-20-2011, 08:59 AM
#262
Senior Member
Join Date: Nov 2010
Posts: 361
04-28-2011, 08:10 PM
#264
7+ years with my Maxima (purchased new Aug 2003!) , 12 years in Japan with other Nissan rides, and I've fixed a ton of ****. $3500-5000 a pop for tranny repairs is crossing the line on something that is not an assembly flaw but a design flaw. And for the record, I LOVE MY MAX TOO!
05-03-2011, 03:23 PM
#268
2004-2006 Maxima without warranty - you already screwed up, like me.
Two big problems - timing chain and Transmission, I wonder what left
Just because I like this car, I am still not selling it..but fixing this car for more than 4/5 K ( timing chain + tranny ) , not worth. What is worth is, selling this and buy a scion tc and be happy with it..
Two big problems - timing chain and Transmission, I wonder what left
Just because I like this car, I am still not selling it..but fixing this car for more than 4/5 K ( timing chain + tranny ) , not worth. What is worth is, selling this and buy a scion tc and be happy with it..
05-11-2011, 05:45 AM
#270
Join Date: Apr 2011
Location: Pittsburgh, PA
Posts: 16
Disgust in Pittsburgh
My 2005 Maxima has 85K miles and was told it needs a new transmission. I started having issues at 65K and took it to the dealership I bought the car (new). The said they couldn't duplicate the odd shifting and there was nothing wrong. Seriously, it wasn't happening all the time so I didn't research further. Since, I have had it back 2 other times with same result (they said nothing was wrong). So I took the car to another dealership and they said I not only need a new tranny, but, timing chains and motor mounts- total estimate was over $6,000! I filed a complaint with Nissan NA and they offered a token $500 towards repair or and extended warranty if I purchase a new Nissan. Total BS! I filed a complaint with the NHTSA and also found this wonderful forum. I researched the strings and noticed an attempt to find a law firm that could file a class action suit. I sent an email to the firm and got no reply...it surely isn't unusual for a law firm to not reply! Hopefully, this moves along in a positive direction. In the meantime, I contacted a local transmission shop and they knew about the faulty valve body design in these transmissions. Apparently Nissan also has issues with the Xtera's leaking radiator fluid into the transmission bodies and are doing absolutely nothing about it! What pisses me off is the dealership (where I bought the car) never admitted any issue or design flaw. Last Nissan this guy buys!!
05-11-2011, 04:15 PM
#271
Newbie - Just Registered
Join Date: Feb 2010
Posts: 6
My 04 max has 152K (KM's) when it started to go into limp mode (starts off in 5th.) the fault code PO726. Dealer switched the ignition relay with the fog light relay. Good for 10 days. Next they put a new relay in--lasted 1 day. It was now slamming into reverse & limp mode intermittently. Auto. repair shop says its a electrical code fault & still trying to solve. I have faithfully maintained the transmission, changing the oil with the Nissan K-matic. Is this the beginning of the trans. totally failing? I'll be signing on to the class action lawsuit.
05-12-2011, 04:41 AM
#272
Senior Member
Join Date: Jun 2003
Location: Queens NY
Posts: 403
My 2005 Maxima has 85K miles and was told it needs a new transmission. I started having issues at 65K and took it to the dealership I bought the car (new). The said they couldn't duplicate the odd shifting and there was nothing wrong. Seriously, it wasn't happening all the time so I didn't research further. Since, I have had it back 2 other times with same result (they said nothing was wrong). So I took the car to another dealership and they said I not only need a new tranny, but, timing chains and motor mounts- total estimate was over $6,000! I filed a complaint with Nissan NA and they offered a token $500 towards repair or and extended warranty if I purchase a new Nissan. Total BS! I filed a complaint with the NHTSA and also found this wonderful forum. I researched the strings and noticed an attempt to find a law firm that could file a class action suit. I sent an email to the firm and got no reply...it surely isn't unusual for a law firm to not reply! Hopefully, this moves along in a positive direction. In the meantime, I contacted a local transmission shop and they knew about the faulty valve body design in these transmissions. Apparently Nissan also has issues with the Xtera's leaking radiator fluid into the transmission bodies and are doing absolutely nothing about it! What pisses me off is the dealership (where I bought the car) never admitted any issue or design flaw. Last Nissan this guy buys!!
What are are the issues you are having ?
what ever you do just change the valve body first.
Go to this link to discuss it further. This link is very helpful.
http://forums.maxima.org/6th-generat...ssion-fix.html
Last edited by scrui; 05-12-2011 at 04:44 AM.
05-13-2011, 07:36 AM
#273
Join Date: Apr 2011
Location: Pittsburgh, PA
Posts: 16
Thanks. I did just that...took my maxi to a trans specialist who have indicated all I need is to replace the inner workings of the valve body. They said the mounts are fine and the total fix will be well under $1,500. They have seen multiple Maxima's in their shop and have had good results replacing the crap aluminium valves which they say have a defect in the design made by Asian Warner. I love my car but am mad as H*** at Nissan right now! They need to own up to this and remedy the situation. I don't like spending the money, but it's better than buying another car!
05-13-2011, 08:12 AM
#274
Senior Member
Join Date: Jun 2003
Location: Queens NY
Posts: 403
Thanks. I did just that...took my maxi to a trans specialist who have indicated all I need is to replace the inner workings of the valve body. They said the mounts are fine and the total fix will be well under $1,500. They have seen multiple Maxima's in their shop and have had good results replacing the crap aluminium valves which they say have a defect in the design made by Asian Warner. I love my car but am mad as H*** at Nissan right now! They need to own up to this and remedy the situation. I don't like spending the money, but it's better than buying another car!
05-13-2011, 09:11 AM
#275
Junior Member
Join Date: Dec 2010
Location: CA
Posts: 30
My 2005 Maxima has 85K miles and was told it needs a new transmission. I started having issues at 65K and took it to the dealership I bought the car (new). The said they couldn't duplicate the odd shifting and there was nothing wrong. Seriously, it wasn't happening all the time so I didn't research further. Since, I have had it back 2 other times with same result (they said nothing was wrong). So I took the car to another dealership and they said I not only need a new tranny, but, timing chains and motor mounts- total estimate was over $6,000! I filed a complaint with Nissan NA and they offered a token $500 towards repair or and extended warranty if I purchase a new Nissan. Total BS! I filed a complaint with the NHTSA and also found this wonderful forum. I researched the strings and noticed an attempt to find a law firm that could file a class action suit. I sent an email to the firm and got no reply...it surely isn't unusual for a law firm to not reply! Hopefully, this moves along in a positive direction. In the meantime, I contacted a local transmission shop and they knew about the faulty valve body design in these transmissions. Apparently Nissan also has issues with the Xtera's leaking radiator fluid into the transmission bodies and are doing absolutely nothing about it! What pisses me off is the dealership (where I bought the car) never admitted any issue or design flaw. Last Nissan this guy buys!!
Last edited by 82AprilFool; 05-13-2011 at 09:22 AM.
05-13-2011, 01:12 PM
#276
Join Date: Apr 2011
Location: Pittsburgh, PA
Posts: 16
OK, thanks for the heads up. I understand there are several internal items along with wiring harness etc. All in about $1,400. They warranty the work for 12K miles (or 12 months). Very reputable shop. I'm OK with the price. Hopefully this suits moves along and Nissan reimburses.
05-13-2011, 09:29 PM
#278
Junior Member
Join Date: Jan 2011
Posts: 54
I think the reason the lawyer didn't reply back to you is because the lawsuit is already moving along and you could be one of the class members (which may mean he doesn't need any info from you). Chernmax and myself are in contact with him and the complaint is drafted. Once I submit the rest of my documentation to him, he can file the complaint with the court.
05-16-2011, 08:20 PM
#280
Junior Member
Join Date: Jan 2011
Posts: 54
